Canada's response to terrorism

Roach, Kent

doi:10.1017/cbo9780511493874.023

Cited by 8 publications

(12 citation statements)

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“…Although the Anti-terrorism Act (2001) departs from some traditional criminal law principles, it still has requirements such as proof beyond reasonable doubt of a prohibited act with fault, a 3-day limit on preventive arrest and the ability of trial judges to stay proceedings if secret evidence will result in an unfair trial. In contrast, the administrative law apparatus of IRPA allows preventive detention and the removal of noncitizens on the basis of secret evidence not disclosed to the deportee (Roach, 2005). Thus IRPA can be seen as one of the legislative responses to 9/11.…”

Section: Policy Developmentsmentioning

confidence: 99%

International Migration: Security Concerns and Human Rights Standards

Crépeau

Nakache

Atak

2007

Transcult Psychiatry

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Over the last two decades, the reinforcement of security-related migration policies has resulted in the perception of the foreigner, and especially the irregular migrant, as a category outside the circle of legality. The rights of foreigners in host countries have deteriorated due to the connection made between immigration and criminality. Restrictions imposed upon irregular migrants' basic political and civil rights have been accompanied by major obstacles to their access to economic and social rights, including the right to health. The events of 9/11 further contributed to this trend, which contradicts the basic premises of the human rights paradigm. Recent policy developments and ongoing international cooperation implementing systematic interception and interdiction mechanisms have led to the securitization of migration. The preventive and deterrent measures reinforce the security paradigm. By contrast, various national and international actors have been successful in defending irregular migrants' rights. At the domestic level, the involvement of the judiciary and civil society enhances the rights-based approach to foreigners. The role of judges is vital in holding policy-makers accountable for respecting the high national standards of human rights protection. This article elaborates on the dichotomy between the state's legitimate interest to ensure national security, and its domestic and international obligations to protect human rights for all, including irregular migrants. It focuses on the changing relationship between migration and security, on the one hand, and between state and individual, on the other hand. It affirms the necessity to recognize the pre-eminence of fundamental rights upon security concerns.

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Section: Policy Developmentsmentioning

confidence: 99%

International Migration: Security Concerns and Human Rights Standards

Crépeau

Nakache

Atak

2007

Transcult Psychiatry

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“…Contributions in the sociology of social control have typically focused on the police aspects of counter-terrorism. Many academics argue that police powers have rapidly expanded in the post-2001 environment (Deflem, 2002a;2002b;Roach, 2004;Friedland, 2001). For example, Canada's Anti-terrorism Act adds provisions for preventative arrest 10 when there are reasonable grounds to believe that a 'terrorist activity' will be carried out and reasonable suspicion to believe that detention is necessary to prevent it.…”

Section: Anti-terror Law As Instrumentmentioning

confidence: 99%

“…Kent Roach (2004) argues that the problem which led to the events of September 11 th 2001 was a failure of intelligence gathering and the inability of police to enforce laws rather than the ambit of criminal law itself (p. 515). The Canadian government seems to have disagreed as barely a month after 9/11 the federal government introduced an enormous anti-terror bill (Bill C-36) that for the first time attempted to introduce defining characteristics of terrorism into the Criminal Code of Canada.…”

Section: The Ambiguity Of Post-2001 Anti-terror Lawmentioning

confidence: 99%

“…Western jurisdictions own anti-terror legislation, was too far-reaching in regards to the burden of proof required and the commission of a broad range of harms to society. For example, Roach (2004) observes that the bill as first introduced:…”

Section: The Ambiguity Of Post-2001 Anti-terror Lawmentioning

confidence: 99%

“…The juridical construction of how a 'reasonable person' would interpret activity as terrorism includes conduct that "materially enhances the abilities of a terrorist group". Does this therefore not also include performing medical or other professional services on "known terrorists", as some commentators from various points of view continue to suggest (Diab, 2008;Roach, 2004;Herman, 2002)? Could the system not have selected other communications that maintain that 'terrorism' is itself difficult to define and any interpretation is "in the eye of the beholder" (Canadian Council for Refugees, 2001)?…”

Section: The Unpredictability Of Fundamental Principles Of Justicementioning

confidence: 99%

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Committing Sociology (of Law): The Autonomy of Law in Canada's 'War on Terror'

Silva¹

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Critical sociologists often argue that post-2001 counterterrorism policies, which depend on extraordinary powers and various executive provisions, are the ultimate example of sovereign power's victory over the rule of law. Such opprobrium often ignores the empirical study of legal communications in lieu of policy documents and political discourses. As such, this thesis advocates for an analysis of legal communications in the context of Canada's 'war on terror'. The aim is to provide an alternative sociology of anti-terrorism law by engaging with a theoretical perspective often overlooked in sociology: Niklas Luhmann's social systems theory. Through an analysis of Supreme Court of Canada decisions, this thesis examines the impact of anti-terror legislation on the autonomy of law. It is argued that while the system of law is always 'endangered' by threats from the outside, law's creative maintenance of anti-terror legislation can be read as an example of the reinforcement of law's autonomy. I would like to express my sincere gratitude to Dr. Nicolas Carrier for his enthusiasm, mentorship, understanding, and most importantly, his friendship during my graduate career at Carleton University. His guidance over the past two years has been invaluable on both an academic and personal level, for which I am extremely grateful. In addition, I would like to thank Dr. Aaron Doyle for his ceaseless motivation and enduring support throughout the completion of this thesis. Without his guidance and wisdom, this project would not have been possible.

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Anti‐Terrorism and the Harmonization of Media and Communication Policy

Braman

2011

The Handbook of Global Media and Communication Policy

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Canada's response to terrorism

Cited by 8 publications

References 0 publications

International Migration: Security Concerns and Human Rights Standards

International Migration: Security Concerns and Human Rights Standards

Committing Sociology (of Law): The Autonomy of Law in Canada's 'War on Terror'

Anti‐Terrorism and the Harmonization of Media and Communication Policy

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